84 Amendments of Karin RIIS-JØRGENSEN
Amendment 1 #
2008/2215(INI)
Motion for a resolution
Citation 2
Citation 2
Amendment 7 #
2008/2215(INI)
Motion for a resolution
Recital B
Recital B
B. whereas gambling activities have traditionally been strictly regulated in all Member States on the basis of the principle of subsidiarity, in order to protect consumers against addiction, fraud, money-laundering and fixed games,
Amendment 40 #
2008/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that, in accordance with the principle of subsidiarity, Member States have a legitimate interest in monitoring and regulating their gambling markets in order to protect consumers against addiction, fraud, money-laundering and fixed games as well as to protect the culturally-built funding structures which finance sports activities and other social causes in the Member States; underlines that online gambling operators should comply with the legislation of the Member State in which they provide their services and that this legislation should in turn comply with the internal market rules;
Amendment 49 #
2008/2215(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 57 #
2008/2215(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that Member States have to ensure that their gambling regulations are compatible with EC law and in particular with articles 43 and 49 of the EC Treaty;
Amendment 65 #
2008/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to cooperate closely in order to solve the problems arising from cross-border online gambling, such as gambling addiction and misuse of personal data or credit cards; stresses the need for a common European position on online gambling with mandatory minimum requirements for protecting consumers and preventing fraud and consequently with non-discriminatory access to national markets by operators complying with those requirements;
Amendment 99 #
2008/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 109 #
2008/2215(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is of the opinion that online gambling, is likely to can give rise to risks to consumers and that Member States may therefore legitimately restrict the freedom to provide online gambling services in order to protect consumers as long as any restrictions comply with the rules of the internal market and are non-discriminatory, justified, proportional and consistent;
Amendment 1 #
2008/2204(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission's proposal for a directive of the European Parliament and of the Council on consumer rights of 8 October 2008 (COM(2008)0614) that, it is to be hoped, will bring a greater degree of legal certainty, transparency and protection for the growing number of consumers buying over the Internet, particularly regarding delivery, the passing of risk, conformity with the contract and commercial guarantees;
Amendment 2 #
2008/2154(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls onSupports the Commission in considering, with a view to a greater degree of legal certainty and increased consumer protection, to consider proposing the establishment of common rules and mechanisms guaranteeingbringing forward the appropriate mix of legislative and non- legislative proposals that will enable access to full compensation for any individual suffering damage as a result of a breach of competition law;
Amendment 7 #
2008/2154(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. ConsiderWelcomes the Commission's mix of proposals as regards representative actions brought by qualified entities as a necessary mechanism, especially in the case of many persons with small claims, for ensuring the compensation of all identifiable victimslongside the possibility of opt-in collective actions, which should help ensure the compensation of the greater part of victims; however, considers that further consideration should be given to opt-out collective actions, which have the merit of producing a 'once and for all settlement' for defendants and thus reduce uncertainty;
Amendment 12 #
2008/2154(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to provide further guidance at Community level as regards the quantification of damages; insists that any such guidance should clearly reject so-called punitive damages or any other mechanism that could lead to damages that are disproportionate to the harm actually suffered;
Amendment 13 #
2008/2154(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 14 #
2008/2154(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the view that the costs of legal procedures should not deter complainmants from bringing well-founded actions and therefore calls on the Members States to take appropriate measures, such as allowing exceptions or limiting the level of court fees, to reduce the costs associated with antitrust damages actions; however, believes that the Commission needs to do further work in examining how exactly such actions might be financed by claimants and to study various funding models so that access to justice is ensured;
Amendment 26 #
2008/2154(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to adopt a consistent approach between rules of collective redress in relation to competition law and rules envisaged in the general framework of consumer protection. 1; asks in this context that the Commission reflect in both areas on amendments and extensions to Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests1 which might in the first instance achieve the desired aims without interfering in Member States' national civil and procedural laws. Or. en OJ L 166, 11.6.1998, p. 51.
Amendment 1 #
2008/2133(INI)
Draft opinion
Citation 5 a (new)
Citation 5 a (new)
– having regard to Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights1, ____________ 1 OJ L 157, 30.4.2004, p. 45.
Amendment 2 #
2008/2133(INI)
Draft opinion
Citation 5 b (new)
Citation 5 b (new)
– having regard to the Communication from the Commission to the European Parliament, the Council and the Economic and Social Committee, entitled An Industrial Property Rights Strategy for Europe (COM(2008)0465),
Amendment 3 #
2008/2133(INI)
Draft opinion
Citation 5 a (new)
Citation 5 a (new)
– having regard to Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights1, ___________ 1 OJ L 196, 2.8.2003, p. 7.
Amendment 5 #
2008/2133(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the Member States to improve, with the Commission, the enforcement of existing legislationwhich have not yet implemented Directive 2004/48/EC to do so without delay; calls on the Member States to allow no exemptions to be made at the EU's borders, neither for travellers nor for businesses, since allmost imports of counterfeit goods isare harmful;
Amendment 7 #
2008/2133(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Draws attention to the need to respect the four fundamental freedoms of the internal market and improve its operation;
Amendment 8 #
2008/2133(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to ensure sufficient education of consumers about the considerable risks for health and safety of purchasing certain counterfeit products, such as cosmetics, pharmaceuticals, toys, household products and electronics;
Amendment 11 #
2008/2133(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to set up an effective network for crossborder cooperation to facilitate the rapid exchange of information;
Amendment 12 #
2008/2133(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 13 #
2008/2133(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Insists in this connection on the need to mobilise all the operators concerned to strengthen the effectiveness of instruments for combating counterfeiting and piracy in the internal market;
Amendment 14 #
2008/2133(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Member States to strengthen their customs teams on their national territories and put in place a service, identifiable to third parties (including Member States, non-member states, Community institutions, businesses and individuals), responsible for combating counterfeiting and providing information on this problem;
Amendment 15 #
2008/2133(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Member States to step up awareness-raising and information in the fight against counterfeiting and piracy in tourist areas, and in trade fairs and exhibitions;
Amendment 16 #
2008/2133(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges the Commission to step up the fight against counterfeiting and piracy by international agreements with third countries; welcomes in this respect the initiatives to strengthen cooperation with China;
Amendment 17 #
2008/2133(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reminds the Member States of the importance of having a Community patent and a jurisdictional system for patents as a way of ensuring compliance with users’ intellectual property rights throughout the Union’s territory, and thus permitting innovative businesses to protect their inventions as well as possible and profit from them more effectively;
Amendment 19 #
2008/2133(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to step up its joint customs action against counterfeiting and piracy with the authorities of the countries manufacturing counterfeit products;
Amendment 20 #
2008/2133(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls, bearing in mind that the fragmentation of sanction systems is harmful to the internal market and weakens the Union on the international scene, the importance of the above- mentioned proposal for a directive on criminal measures aimed at ensuring the enforcement of intellectual property rights;
Amendment 21 #
2008/2133(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to encourage companies to register their products and brands in order to be able to fight piracy more effectivelyprotect their services and products by registering trademarks, designs, patents and so on in order to be able to better enforce their intellectual property rights;
Amendment 22 #
2008/2133(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. CDraws attention to the importance of harmonising intellectual property rights and existing national and Community patents in combating counterfeiting, and calls on the Member States to encourage companies to register their products and brands in order to be able to fight piracy more effectively;
Amendment 23 #
2008/2133(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to encourage action to back up the legislation, in particular to introduce a European Day to raise awareness of the dangers of counterfeiting, so as to encourage a change of perception by the public with regard to the phenomenon of counterfeiting and piracy;
Amendment 25 #
2008/2133(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to set up a European counterfeiting observatory;
Amendment 27 #
2008/2133(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to develop a scoreboard to measure the Member States' customs performance in order to further the fight against counterfeiting, and to put in place a rapid information exchange network on counterfeit products, based on the national contact points and modern information exchange tools;
Amendment 28 #
2008/2133(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States to step up coordination between their customs services and to apply Community rules on customs duties uniformly throughout the Union;
Amendment 30 #
2008/2133(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses the need to develop effective measures against Internet websites that facilitate the supply of counterfeit goodsuppliers of counterfeit goods, in particular those that increasingly - and often aggressively - use the Internet to offer their fake products via 'spamming', Internet shops or auction sites;
Amendment 1 #
2008/2056(INI)
- having regard to the Interinstitutional agreement on better law-making1,
Amendment 8 #
2008/2056(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas some Member States do not respect the rulings of the European Court of Justice on infringement cases, and that this is of further detriment of the functioning of the Internal Market,
Amendment 20 #
2008/2056(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 23 #
2008/2056(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to reiterate on its decision from June 2003 based on paragraph 34 of the Interinstitutional Agreement on better law-making that all of its proposals for directive should contain a specific provision making compulsory the establishment by Member States of tables illustrating the correlation between the act in question and the transposition measures, as well as the communication of these tables to the Commission; regrets in this respect that Member States are watering down Commission's and Parliament's efforts on transparency by opposing the clause or making the clause a non-binding recital;
Amendment 31 #
2008/2056(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Regrets that citizens still face many obstacles in relation to free movement within the Internal Market; notes in this context that 15% of SOLVIT cases handled in 2007 were related to free movement of persons and EU citizenship; calls therefore on Member States and the Commission to step up efforts to ensure the free movement of persons; calls in particular on Member States to establish one-stop shops which can assist people on all legal and practical matters when moving within the Internal Market; also calls on the Commission to develop indicators to be included in the Scoreboard measuring obstacles to the free movement of persons;
Amendment 38 #
2008/2056(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Council to give a higher priority to Internal Market issues either by establishing a new Council addressing these questions or by giving them top priority on the agenda in the existing Competitiveness Council;
Amendment 39 #
2008/2056(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to integrate a section in the Scoreboard on the reduction of administrative burdens, or to develop an actual separate burden reduction scoreboard, which measures burden reduction efforts in the various Member States as well as internally in the Commission;
Amendment 32 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 40
Recital 40
(40) This common approach should nevertheless be maintained for a limited time period but may, in the light of a review to be carried out by the Commission, be further extended or amended. The Commission should review the effectiveness of Regulation (EC) No 717/2007 as amended by this Regulation and the contribution which it makes to the implementation of the regulatory framework and the smooth functioning of the internal market, while keeping in mind its impact on the smaller mobile communications providers in the Community and their position in the Community-wide roaming market. in light of its objectives of removing excessive prices for Community-wide roaming services, achieving a high level of consumer protection, fostering competition between mobile operators, and offering incentives for innovation and consumer choice. The Commission should also consider the contribution which it makes to the implementation of the regulatory framework and the smooth functioning of the internal market. The Commission should consider the impact on the competitive position of mobile communications providers of different sizes and from different parts of the Community and their position in the Community-wide roaming market. In that context, the Commission should pay particular attention to developments and trends in wholesale charges for data roaming services in relation to the safeguard wholesale limit provided for in this Regulation, while paying special attention to the risks of wholesale prices rising if/when the regulation is terminated, as this would be an unfair burden on home provider, who will be unable/reluctant to raise prices towards the consumers accordingly. The Commission should evaluate the extent to which competition has developed for the provision of roaming services, taking into account inter alia, the developments in charges for mobile roaming services, the products and offers available for roaming services, the quality of service provided and the impact of technological developments on the provision of roaming services, including substitution by new services such as VoIP. In particular, the Commission should consider whether roaming prices are or might be excessive in light of pricing structures for mobile services generally. The Commission should also assess whether the regulation of roaming services could be appropriately covered within the regulatory framework for electronic communications. Prior to the review referred to above, and in order to ensure the continuous monitoring of roaming services in the Community, the Commission should prepare an interim report to the European Parliament and the Council which includes a general analysis of the latest wholesale and retail price trend information for voice, SMS and data roaming services for post-paid and pre-paid customers separately.
Amendment 52 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 717/2007/EC
Article 4 a – paragraph 1
Article 4 a – paragraph 1
1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0.042 per SMS message.
Amendment 58 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 717/2007/EC
Article 4 b – paragraph 2
Article 4 b – paragraph 2
2. With effect from 1 July 2009, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0.1105.
Amendment 79 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 3 – subparagraph 1
Article 6 a – paragraph 3 – subparagraph 1
By 31 JulyDecember 20109 at the latest, theeach home providers shall provide a 'Cut-Off Limit' facility whereby they offer and keep available to all their roaming customers, free of charge, the possibility to specify in advance a maximum financial limit,to all its roaming customers, free of charge, a facility which provides information on the accumulated expenditure expressed in the currency in which the roaming customer is billed, for their outstanding charges for on regulated data roaming services.
Amendment 80 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 3 – subparagraph 1 a (new)
Article 6 a – paragraph 3 – subparagraph 1 a (new)
By 31 December 2009 at the latest, each home provider shall offer its roaming customer to opt deliberately and free of charge for a 'cut off limit', provision which limits the expenditure and suspends the service. One of these limits shall be close to, but not exceed, 50 EUR (excluding VAT) per one month.
Amendment 84 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 3 – subparagraph 1 b (new)
Article 6 a – paragraph 3 – subparagraph 1 b (new)
To this end, the customer shall, at any time, be given the opportunity to set up in advance maximum financial limits for specified periods of use.
Amendment 87 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 3 – subparagraph 2
Article 6 a – paragraph 3 – subparagraph 2
Amendment 98 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 3 – subparagraph 3
Article 6 a – paragraph 3 – subparagraph 3
Amendment 102 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 3 – subparagraph 3 a (new)
Article 6 a – paragraph 3 – subparagraph 3 a (new)
When this limit is reached and if the customer does not request the continued provision of those services, the home provider shall immediately cease to provide the roaming customer with regulated data roaming services.
Amendment 105 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 3 – subparagraph 3 b (new)
Article 6 a – paragraph 3 – subparagraph 3 b (new)
The home provider is obligated to provide the consumer with a written overview of expected prices and volume of typical data- objects (e-mail, downloading video clips, pictures, typical web pages ). The overview shall be as accurate as possible and provide the consumer with a realistic but not binding expectation of prices of consumption.
Amendment 112 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 4 – point (a)
Article 6 a – paragraph 4 – point (a)
(a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 1.000.25 per megabyte of data transmitted.
Amendment 116 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 4 – point (c)
Article 6 a – paragraph 4 – point (c)
(c) The average wholesale charge referred to in point a shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each operator of a home network for the provision of regulated data roaming services in the relevant period by the total number of megabytes of data actually consumed by the provision of those services within that period, aggregated on a per kilobyte basis.
Amendment 99 #
2008/0142(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) The European Commission should prepare a feasibility study on a common EU benchmark system on the quality of healthcare.
Amendment 175 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a). mechanisms, which deliver high quality systematic education and training for healthcare professionals, are in place forto ensuringe that healthcare providers are able to meet such standards, taking into account international medical science and generally recognised good medical practices;
Amendment 184 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) there will be an EU register of professional doctors who has been stripped of one’s authorisation in one Member State;
Amendment 290 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4 a – (new)
Article 8 – paragraph 4 a – (new)
4a. Where prior authorisation has been sought and given, the Member State of affiliation shall ensure that the patient is only expected to pay up front any costs that they would be expected to pay in this manner had their care been provided in their home health system. Member States should seek to transfer funds directly between the funders and the providers of care for any other costs.
Amendment 296 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 a – (new)
Article 8 – paragraph 5 a – (new)
5a. Patients who are on a waiting list for medical treatment in their home country and are in urgent need of care shall not be subject to prior authorisation.
Amendment 299 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 a – (new)
Article 8 – paragraph 5 a – (new)
5a. Patients with rare diseases shall not be subject to prior authorisation.
Amendment 317 #
2008/0142(COD)
Proposal for a directive – amending act
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. There will be a European Ombudsman who will treat patient complaints as regards prior authorisation, the quality of treatment and payments.
Amendment 324 #
2008/0142(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a There will be an independent counselling centre in every Member State to advice patients on the different treatments in the Member States. On the basis of the information the counselling centre provides, patients decide which treatment they prefer.
Amendment 25 #
2008/0018(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Another important objective of the new system to be established by this Directive is to encourage and in certain cases to ensure that dangerous substances and materials used in toys are replaced by less dangerous substances or technologies where suitable economically and technically viable alternatives are available.
Amendment 26 #
2008/0018(COD)
Proposal for a directive
Recital 8
Recital 8
(8) AThis Directive is based on the principle that all economic operators intervening in the supply and distribution chain should manufacture, import or place toys on the market with such responsibility and care as may be required to ensure that, under normal and reasonably foreseeable conditions of use, children's health and safety and the environment are not adversely affected. Economic operators should take the appropriate measures to ensure that they make available on the market only toys which are in conformity with the applicable legislation. This Directive provides a clear and proportionate distribution of obligations which correspond to the respective role of each operator in the supply and distribution process.
Amendment 27 #
2008/0018(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure a high level of protection of children against recently discovered risks, ind the environment against risks, dangerous substances, in particular carcinogenic, mutagenic or toxic for reproduction (CMR) and allergenic substances and elements, should, in accordance with the precautionary principle, be subject to careful attention. It is also necessary to adopt new essential safety requirements. In particular, it is necessary to complete and update provisions on chemical substances in toys. These provisions should specify that toys should comply with the general chemicals legislation, in particular Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC16. These provisions should, however, also be adapted to the particular needs of children, who are a vulnerable group of consumers. Therefore, new restrictions on substances that are classified as carcinogenic, mutagenic or toxic for reproduction (CMR) according to Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances17 and fragrances in toys should be provided for on account of the special risks that these substances may entail for human health. The specific limit values laid down in Directive 88/378/EEC for certain substances should be updated to take into account of the development of scientific knowledge.
Amendment 32 #
2008/0018(COD)
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) It is necessary to apply a general harmonised transition period of two years after the entry into force of this Directive for compliance with its provisions, and a specific transition period of three years after publication of the revised harmonised toy safety standard in relation to chemical properties, to allow toy manufacturers and economic operators sufficient time to adapt to the new technical requirements on chemicals, and to ensure consistent application of this Directive throughout the European Union.
Amendment 39 #
2008/0018(COD)
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Manufacturers who consider or have reason to believe that a toy which they have placed on the market is not in conformity with the applicable Community legislation shall take the necessary corrective measures to bring that toy into conformity or withdraw it from the market and recall it from end users, if appropriate. They shall immediately inform the national authorities of the Member States where they made the toy available to this effect, giving details, in particular, of the non- compliance and of the corrective measures taken. Manufacturers shall immediately suspend the placing on the market of these toys until they comply with the applicable Community legislation.
Amendment 72 #
2008/0018(COD)
Proposal for a directive
Annex II – part III – paragraph 5 a (new)
Annex II – part III – paragraph 5 a (new)
5a. Manufacturers may continue placing toys on the market containing the substances classified as CMR according to Directive 67/548/EEC for which a request has been submitted, until a decision has been adopted.
Amendment 103 #
2008/0018(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Another important objective of the new system to be established by this Directive is to encourage and in certain cases to ensure that dangerous substances and materials used in toys are replaced by less dangerous substances or technologies where suitable economically and technically viable alternatives are available.
Amendment 107 #
2008/0018(COD)
Proposal for a directive
Recital 8
Recital 8
(8) AThis Directive is based on the principle that all economic operators intervening in the supply and distribution chain should manufacture, import or place toys on the market with such responsibility and care as may be required to ensure that, under normal and reasonably foreseeable conditions of use, children's health and safety and the environment are not adversely affected. Economic operators should take the appropriate measures to ensure that they make available on the market only toys which are in conformity with the applicable legislation. This Directive provides a clear and proportionate distribution of obligations which correspond to the respective role of each operator in the supply and distribution process.
Amendment 109 #
2008/0018(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure a high level of protection of children against recently discovered risks, ind the environment against risks, dangerous substances, in particular CMR, and allergenic substances and elements, should, in accordance with the precautionary principle, be subject to careful attention. It is also necessary to adopt new essential safety requirements. In particular, it is necessary to complete and update provisions on chemical substances in toys. These provisions should specify that toys should comply with the general chemicals legislation, in particular Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC. These provisions should, however, also be adapted to the particular needs of children, who are a vulnerable group of consumers. Therefore, new restrictions on substances that are classified as carcinogenic, mutagenic or toxic for reproduction (CMR) according to Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances and fragrances in toys should be provided for on account of the special risks that these substances may entail for human health. The specific limit values laid down in Directive 88/378/EEC for certain substances should be updated to take into account of the development of scientific knowledge.
Amendment 119 #
2008/0018(COD)
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) It is necessary to apply a general harmonized transition period of two years after the entry into force of this Directive for compliance with its provisions, and a specific transition period of three years after publication of the revised harmonized toy safety standard in relation to chemical properties, to provide toy manufacturers and economic operators with sufficient time to adapt to the new technical requirements on chemicals, and to ensure consistent application of this Directive throughout the EU.
Amendment 156 #
2008/0018(COD)
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Manufacturers who consider or have reason to believe that a toy which they have placed on the market is not in conformity with the applicable Community legislation shall take the necessary corrective measures to bring that toy into conformity or withdraw it from the market and recall it from end users, if appropriate. They shall immediately inform the national authorities of the Member States where they made the toy available to this effect, giving details, in particular, of the non- compliance and of the corrective measures taken. Manufacturers shall immediately suspend the placing on the market of the toy until such time as it complies with the applicable Community legislation.
Amendment 248 #
2008/0018(COD)
Proposal for a directive
Article 52
Article 52
Member States shall not impede the placing on the market of toys which are in accordance with Directive 88/378/EEC and which were placed on the market before this Directive entered into force or at the latest 2 years afterduring a period of 2 years after this Directive entered into force. With regard to Article 3 paragraph 1, Article 9 paragraph 1 and point III of Annex II, Member States shall not impede the placing on the market of toys in accordance with Directive 88/378/EEC which were placed on the market before this Directive entereds into force.
Amendment 319 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 4.3 – subparagraph 2
Annex II – Part III – point 4.3 – subparagraph 2
The Commission shall mandate the relevant Scientific Committee to re- evaluate those substances or preparations listed in Annex IIa as soon as safety concerns arise and at the latest every 5 years from the date that a decision in accordance with Article 45 (2) was taken.
Amendment 332 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 5
Annex II – Part III – point 5
5. Substances or preparations classified as CMR category 3 according to Directive 67/548/EEC may be used in toys if use of the substance has been evaluated by the relevant Scientific Committee and found to be safe, in particular in view of exposure, and following a Decision as referred to in Article 45 (2) and provided that they are not prohibited for uses in consumer articles under Regulation (EC) No 1907/2006 (REACH). Annex IIb lists the CMR category 3 substances prohibited.
Amendment 333 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 5 a (new)
Annex II – Part III – point 5 a (new)
5a. Manufacturers may continue placing toys on the market containing the substances classified as CMR according to Directive 67/548/EEC for which a request has been submitted and until a decision is adopted.
Amendment 340 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 7
Annex II – Part III – point 7
7. Toys shall not contain the following allergenicforbidden fragrances: (1) Alanroot (Inula helenium) (2) Allylisothiocyanate (3) Benzyl cyanide (4) 4 tert-Butylphenol (5) Chenopodium oil (6) Cyclamen alcohol (7) Diethyl maleate (8) Dihydrocoumarin (9) 2,4-Dihydroxy-3-methylbenzaldehyde (10) 3,7-Dimethyl-2-octen-1-ol (6,7- Dihydrogeraniol) (11) 4,6-Dimethyl-8-tert-butylcoumarin (12) Dimethyl citraconate (13) 7,11-Dimethyl-4,6,10-dodecatrien-3- one (14) 6,10-Dimethyl-3,5,9-undecatrien-2- one (15) Diphenylamine (16) Ethyl acrylate (17) Fig leaf, fresh and preparations (18) trans-2-Heptenal (19) trans-2-Hexenal diethyl acetal (20) trans-2-Hexenal dimethyl acetal (21) Hydroabietyl alcohol (22) 4-Ethoxy-phenol (23) 6-lsopropyl-2-decahydronaphthalenol (24) 7-Methoxycoumarin (25) 4-Methoxyphenol (26) 4-(p-Methoxyphenyl)-3-butene-2-one (27) 1-(p-Methoxyphenyl)-1-penten-3-one (28) Methyl trans-2-butenoate (29) 6-Methylcoumarin (30) 7-Methylcoumarin (31) 5-Methyl-2,3-hexanedione (32) Costus root oil (Saussurea lappa Clarke) (33) 7-Ethoxy-4-methylcoumarin (34) Hexahydrocoumarin (35) Peru balsam (Myroxylonpereirae Klotzsch) (36) 2-Pentylidene-cyclohexanone (37) 3,6,10-Trimethyl-3,5,9-undecatrien-2- one (38) Verbana oil (Lippia citriodora Kunth). However, the presence of traces of these substances shall be allowed provided that such presence is technically unavoidable in good manufacturing practice. In addition the following allergenic fragrances shall be listed on the packaging if added to toys, as such, at concentrations exceeding 0,01 % by weight: (1) Amyl cinnamal (2) Amylcinnamyl alcohol (3) Anisyl alcohol (4) Benzyl alcohol (5) Benzyl benzoate (6) Benzyl cinnamate (7) Benzyl salicylate (8) Cinnamal (9) Cinnamyl alcohol (10) Citral (11) Citronellol (12) Coumarin (13) Eugenol (14) Farnesol (15) Geraniol (16) Hexyl cinnamaldehyde (17) Hydroxy-citronellal (18) Hydroxy- methylpentylcyclohexenecarboxaldehyde (19) Isoeugenol (20) Lilial (referred to in the Cosmetics Directive in entry 83 as: 2-(4-tert- Butylbenzyl) propionaldehyde (21) d-Limonene (22) Linalool (23) Methyl heptine carbonate (24) 3-methyl-4-(2,6,6-trimethyl-2- cyclohexen-1-yl)-3-buten-2-one (25) Oakmoss extracts (26) Treemoss extracts
Amendment 354 #
2008/0018(COD)
Proposal for a directive
Annex II a - title (new)
Annex II a - title (new)
Annex IIa List of CMR 1 and 2 substances and preparations exempt from the prohibition of Annex II part III paragraph 3
Amendment 358 #
2008/0018(COD)
Proposal for a directive
Annex II b - title (new)
Annex II b - title (new)
Annex IIb List of prohibited CMR 3 substances and preparations
Amendment 159 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of a contract and regularly thereafter of any limitations imposed by the provider on their ability to access or distribute lawful content or run any lawful applications and services of their choice. Where an operator or internet service provider actively uses traffic prioritisation in network traffic and differentiate between the quality of service, whether by service type, specific application or source, the end user should be given the opportunity to choose which services have priority.
Amendment 27 #
2007/0197(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Agency should also be able to issue non-binding guidelines to assist regulatory authorities and market players in sharing good practices, and should assist the Commission in the drafting of mandatory guidelines,